Neutral Citation No. - 2025:AHC-LKO:46192 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6097 of 2025 Applicant :- Rakesh Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. U.P. Counsel for Applicant :- Brijesh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that on 09.11.2024 at about 07.00 am, the accused persons named in the FIR started beating the elder brother of the complainant namely, Adhyashankar (deceased) on his door. When the complainant rushed to rescue, the accused persons hurled abuses to the complainant and his nephew (son of the deceased) by beating with lathi and danda. Learned counsel for the applicant submits that there is no eyewitness of the alleged incident. The version of the FIR and the statement of the complainant is falsified as both the complainant and his nephew, who are said to have got injury, have not undergone any medico legal examination. There are five persons named in the FIR. However, only general role has been assigned to all the accused persons and thus, no specific role of inflicting the fatal blow on the deceased has been assigned to any of the accused persons. Charge sheet in the case has been filed. The applicant has no criminal history and he is languishing in jail since 15.11.2024. Learned counsel for the applicant submits that the co-accused Ankit Kumar Upadhyay who was assigned the similar role has been enlarged on bail by this Court vide order dated 06.06.2025 passed in criminal misc. bail application No. 4717 of 2025. Learned counsel for the applicant seeks parity with the order of the co-accused. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the fact that co-accused Ankit Kumar Upadhya who was assigned the similar role has been enlarged on bail, so also the fact that general role of assault has been attributed to all the accused persons including the applicant; there appears to be no eyewitness of the alleged incident; the alleged injured persons have not undergone any medico legal examination; as per post-mortem report, the cause of death is on account of ante-mortem head injury; applicant is in jail since 15.11.2024 having no criminal antecedents; till date, only one prosecution witness i.e., P.W.-1 could be examined and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail on the ground of parity. Accordingly, the bail application is allowed on the ground of parity. Let the applicant Rakesh Kumar involved in Case Crime No. 302 of 2024, under Sections 115(2), 352, 351(3), 105, 3(5) B.N.S., Police Station- Jaisinghpur, District- Sultanpur, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A IPC (now Section 209 of BNS). It is clarified that the observations made in this order are confined to the present anticipatory bail application and shall have no bearing on the merits of the trial. Order Date :- 7.8.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench